ASIM KUMAR RAY, J. - (1.) THIS revisional application is directed against the order No. 180 dated July 22, 2008 passed in Title Suit No. 430 of 1995 by Civil Judge (Junior Division ), 2nd Court, Alipore thereby allowed an application filed by Achin Bandhu Guha.
(2.) THE background leading to the presentation of the revisional application in a nutshell is that Opposite Party No. 2 had filed Title Suit No. 430 of 1995 praying for declaration that plaintiffs are the licensee of the ground floor portion of the premises No. 20/s and 21/s Nalini Ranjan Avenue , Block - A, New Alipore, Kolkata ­7000 53 under defendant Nos. 1 to 3 and for permanent injunction. Achin Bandhu Guha opposite party No. 3 took out an application under Order 1 Rule 10(2) read with Section 151 of Code of Civil Procedure Code stating that plaintiffs made Ashim Bandhu Guha opposite party No.1, Ashit Bandhu Guha, opposite party No. 2 and Anjali Chakraborty petitioner as defendants to the suit and prayed for relief against them but inadvertently he had not been made a party though he is a party interested in the property in suit. The petitioner herein filed an objection against the application under Order 1 Rule 10(2) read with Section 151 of the Code of Civil Procedure filed by Achin Bandhu Guha. The trial Court heard the parties and passed the order impugned ,so this revisional application.
(3.) MR . Piush Chaturvedi , learned advocate appearing for the petitioner has contended that the learned trial Court ought not to have held that for proper adjudication of the suit Achin Bandhu Guha be added as a necessary party. The plaintiff and the opposite parties are hand in globe with each other to delay the hearing of the suit. The order impugned may be interfered with and set aside.;